Global Business Law Firm “McDermott Will & Emory” Wins Tax-funded Sex Change for Mass. Child Rapist

June 3, 2011

Transgenders celebrated a major victory this week in a landmark case representing one of their own: Massachusetts child rapist Sandy-Jo Battista.

McDermott Will & Emory, one of the largest law firms in the world, representing over 50% of the Fortune 500 companies globally issued a press release this week announcing their latest landmark victory. After six years of free pro bono representation a team of McDermott Will & Emory litigators has won “the right” for the rapist of a ten year girl to receive tax payer funded sex change treatment while he remains incarcerated. The law firm, established in 1934 by Chicago lawyers Edward H. McDermott and William M. Emory called the ruling a “Major Win in Landmark Transgender Rights Case”.

Transactivists and McDermott Will & Emory believe that child rapists have a right to receive tax payer funded “sex changes” if they claim to begin suffering from symptoms of a disordered “gender identity”  during incarceration for their violent pedophilic sex crimes. The law firm provided six years and unknown thousands of dollars in free legal representation to secure this “right” for Sandy-Jo Battista, formerly David E. Megarry Jr.,  who was convicted of robbery, kidnapping and the rape of a child. He- or as transgenders claim- “She” is currently detained via civil commitment in the all male Massachusetts Treatment Center for Sexually Dangerous Persons facility without limit of sentence due to his legal status as a “Sexually Dangerous Person”.

Battista was apprehended in 1982 for hiding in the woods and abducting a ten year old girl, forcing her into his car, abducting and driving her into the woods known as Lombardi’s Grove in Milford, Mass. where he tied her up, gagged her, raped her, and left her there. He was also charged with robbery for taking the money she had earned selling fudge door-to-door to raise money for her skating club (which is what she was doing when he abducted her).

From the Dedham, Mass. Daily News Transcript:  “When he was 14, Batista assaulted a 6-year-old girl. A year later, prosecutors say Batista took another young girl into the woods, but stopped short of assaulting her.

He spent three years in a Department of Youth Services program at Medfield State Hospital for the juvenile incidents. Behind bars for child rape, Batista got slapped with 64 entries on his disciplinary record.

In a 1986 case, Batista got caught making obscene phone calls to young girls he picked out of local newspapers. About a decade later, Batista was penalized for keeping pictures of young girls in his jail cell, said Assistant District Attorney Peter Pratt.

At about the same time, Batista realized he was transgendered, Machado said.

He began to wear women’s underwear and cosmetics, got tattoos of naked women and had his name legally changed to Sandra Jo Batista in 1995.”

Transgenders say that the ten year old girl may have been “asking for it”. From the trans website “A Gender Variance Who’s Who” site administrator Zagria  in a post defending Megarry and concerned about the rapists’s welfare in a post titled: “What will happen to Sandy-Jo?” speculates about the ten year old rape victim: “Was it real forcible rape? Was it statutory but consensual? Was it mainly a misunderstanding? The various mentions online say nothing between these options.”

The Department of Justice, which unlike transactivist Zagria doesn’t consider child rape and kidnapping as an “option” took a different view than transgenders and sentenced the baby-raper to 18 years in prison. Transactivists may be surprised to learn that no legal entity in the country considers rape between a grown man and a ten year old child consensual. Go figure! As for Megarry/Battista, he remains civilly committed by the state of Mass. Due to his – “her” – frequent infractions behaviors and incidents during his – “her”- incarceration which deems him an ongoing threat to girl children.

Sandy Jo Battista

Transactivists claim that men like Megarry/Battista should be given taxpayer funded “sex changes” and transferred to women’s prisons. Supporter Zagria cites the Canadian case of “Synthia Kavanagh” a male murderer who was given a state-funded “sex change” and then transferred to a women’s prison.

In countries with Gender Identity Protections, (which override sex-based protections of women in favor of the “internal gender identity” of males) state funded “sex changes” of male rapists and murderers of women and subsequent transfer of the perps to women’s prisons is commonplace. In some cases, like John Pilley’s, the perp decides women’s prison isn’t as fun as they thought, wants to change back, and demands “sex change reversal” treatment, also paid for by the state.

From the victorious McDermott Will & Emory press release:

“The injunction obtained by McDermott on behalf of the Firm’s pro bono client, Sandy Battista, requires the State of Massachusetts to provide necessary medical care for Ms. Battista’s gender identity disorder (GID). The opinion reinforces the fact that GID is a recognized disorder that, if left untreated, creates a “substantial risk of serious harm,” and “can be extremely dangerous.”  The First Circuit found that an unjustified failure to treat GID gives rise to a constitutional violation. Judge Michael Boudin wrote the First Circuit opinion, joined by Judge Norman Stahl and retired U.S. Supreme Court Justice David Souter, who sat on the panel by designation.”

“This case is about one’s right to medical care while incarcerated,” said [Former actor] Neal Minahan,  an associate in McDermott’s Boston office who argued the case before the First Circuit. “Incarcerated, transgender individuals have as much right to medically necessary care as any other person in the State’s custody.  The First Circuit recognized that waiting nearly a decade to fill a medical prescription is inexcusable.  In this case, it violated our client’s constitutional rights.”

“Ms. Battista, a transgender resident of the Massachusetts Treatment Center, was first diagnosed with GID in 1997 and has struggled to receive treatment for the disorder for over a decade.  In June 2005, Ms. Battista filed this case as a pro se litigant in the United States District Court of Massachusetts in response to the DOC’s decision to block her prescription for GID treatment.  That treatment, which included hormone medication, had been unanimously approved by the DOC’s own contracted medical providers.  In November 2007, District Court Judge Douglas P. Woodlock appointed McDermott as pro bono counsel.  Years of intensely fought litigation culminated in a bench trial before the U.S. District Court in June 2010.  The McDermott trial team was lead by Minahan and Dana McSherry, a partner in the Firm’s Boston office.”

“The District Court found that Ms. Battista “may not be subjected to cruel and unusual punishment which consists of the neglect of her serious medical needs, nor may her serious needs become a pretext for the infliction of additional punishments. And that is what has happened here.”  After trial, the court issued an injunction requiring the DOC to provide GID treatment to Ms. Battista, including access to hormone medication.   That injunction was stayed pending the DOC’s appeal to the First Circuit panel, which issued its unanimous opinion on Friday, May 20, 2011.” [Italics/bolding mine-GM]

“The McDermott team working on this case also included partner Mike Kendall, associate Benjamin Franklin, legal assistant Christine Slyman, and former McDermott partners Christopher Man and Emily Smith-Lee.”

Another inmate, convicted strangulation killer Robert Kosilek, now “Michelle Lynn Kosilek” since developing transsexuality during his life sentence for murder- filed papers yesterday  in response to the ruling, demanding state funded electrolysis and plastic surgery to construct a superficial approximation of female genitals. He has already been receiving tax funded hormones.

Kosilek

It is currently unknown whether the murderer and child-rapist will be transferred to women’s facilities upon completion of their cosmetic transformation. Also unknown is if state funded FFS (facial feminization surgery) will be mandated, although according to medically accepted WPATH standards-of-care facial surgery along with breast augmentation IS considered medically necessary care. 

Some transactivists feel tax payer funded breast implants, electrolysis and “sex change” surgeries are not enough to “affirm” the “gender identity” of rapists pedophiles and murderers. Transjactivist Monica Roberts complains today about transgendered murder suspect Nina Kanagasingham, who is accused of throwing another male transgender under the wheels of a subway car, “My British trans cousins have been more than a little pissed about the sensationalist and transphobic coverage being generated in the British media concerning this case. They are also not happy about how Kanagasingham has been treated by the British legal system either.   In addition to being housed in a men’s prison, she was hauled into Old Bailey unshaven, a point in which the British press took great glee in pointing out in their stories.”

It’s unknown if trans advocates will win the right for police to hand suspected murderers claiming GID a razor prior to arresting them so that their “right” to look clean shaven is “protected” but after these recent transgender victories for male murderers and child rapists, who knows? With the advocacy and unlimited resources of the law firm of McDermott Will & Emory, anything is possible.

To the woman, almost 40 now, who was abducted, tied up, gagged and raped 30 years ago at the age of ten by this serial pedophillic predator and monster: My thoughts and prayers go out to you tonight as you struggle to deal with the “victory” of this man through the work of McDermott Will & Emory and trans activists worldwide. YOU ARE NOT FORGOTTEN.

28 Responses to “Global Business Law Firm “McDermott Will & Emory” Wins Tax-funded Sex Change for Mass. Child Rapist”

  1. GallusMag Says:

    UK transjacktivist Jane Fae on the “transgender rights” of accused murderers with GID to shave before processing:

    Jane said “anyone undergoing gender transition will be acutely sensitive to their personal appearance. Facial hair is a key part of that – yet the legal establishment regularly refuse trans women access to adequate shaving facilities on the grounds that they might self-harm.

    “Given the cruelty implicit in this refusal – and the fact that the legal establishment has now been warned on more than one occasion of how cruel this practice is – the only conlusion is that our legal service either does not want to understand trans issues – or is more than happy to harm trans women.”

    Can’t make this shit up.
    http://sexualitymatters.wordpress.com/2010/11/01/legal-abuse-of-trans-women/

    Trans have special protected needs to sensitivity about their personal appearance? Get to work McDermott Will & Emory!

    • fmnst Says:

      How hypocritical to claim arrested trannies need razors before mug shots, while McDermott, Will, and Emory successfully claimed that “GID…if left untreated, creates a ‘substantial risk of serious harm,’ and ‘can be extremely dangerous.'”

      So let’s review:

      Trannie surgery is necessary to prevent suicide, but trannies need razors before mug shots? (Doesn’t that *increase* their risk for suicide?)

      Otherwise, the unshaven photos will put them at risk…for suicide?

      Huh?

      Perhaps the real problem is that they feel suicidal over their natural appearances, including facial hair, for which they need PSYCHOLOGICAL, not medical treatment!

      When arrested trannies win the right to razors, they will surely claim being handed razors is a genocidal “Transphobic!” plot.

      **

      That said, Robert Kosilek does look scary. But perhaps that’s because his face has “murderer” written all over it.

  2. pmsrhino Says:

    Seriously, how messed up do you have to be to be happy in any way for a child rapist? That’s a real serious question for me, here. How fucked up does a person/movement need to get before they are cheering and giving aid to a child rapist? Better yet, to be happy to give a child rapist access to more vulnerable women by putting him in a woman’s prison? I just… wow…

    And the victim blaming is a real nice touch. Blaming CHILDREN for their rape always makes my jaw drop. I just kind of expect that shit when adult women are raped, so it’s horrible but not surprising to me. But for some reason, even though I’ve seen people blame girl children for their rapes before it always manages to kill me a little inside.

    So why is the surgery the incredibly horribly important part here? I don’t even want to mention the shaving thing, that is just completely fucking ridiculous. Should cops be required to keep a handbag of makeup in their squad cars too just in case a trans criminal feels like they need to powder their nose before they get to the station? I mean facial feminization surgery? What the fuck? Not that it’s surprising he wants that, since I don’t think anyone would have any trouble recognizing him as a man. But why don’t they start with, oh, I dunno, THERAPY which would be cheaper and easier than surgery and is really all I think a sick person like this deserves (I don’t even feel he should get that much). I just don’t get it.

    Just… just fuck. Fuck fuck fuck fuck fuck. That’s pretty much all my brain can scream right now. How the hell did trans activists like this take over our feminist movement? How do people like this, who are fighting for the “rights” (The right to fetishize women and then live among them? Is that a right?) of a male GIRL CHILD RAPIST, think they are in any way progressing the FEMINIST movement? Augh fuck! D<

    • fmnst Says:

      PmsRhino (love your sn),

      THANK YOU for writing,

      “How fucked up does a person/movement need to get before they are cheering and giving aid to a child rapist? Better yet, to be happy to give a child rapist access to more vulnerable women by putting him in a woman’s prison?”

      How true.

      And,

      “…even though I’ve seen people blame girl children for their rapes before it always manages to kill me a little inside.”

      How well you speak for me, too, Rhino.

      My heart goes out ONLY to the woman whose sense of safety and trust in the world as a child was RUINED by this male monster/rapist. And to the women prisoners who will be forced to live with him and be put at risk of being his next victim.

      Which high-powered law firms or courts are looking after the rights of any of these women?

      And will McDermott succeed in entirely erasing his prior identity, so that no one may know of his most recent and previous rapes?


  3. OMG, Gallus, thank you for reporting on this!! It is in my own fucking backyard! In fact, my wife sent me a link to a news story about this the other day and I could barely stomach it.

    I believe very strongly in setting limitations on convicted male sex offenders who seek to become women. They should be categorically prohibited from playing these bullshit “gender” games. As we know, this is a favored tactic of trans activism in the UK– using “prisoner’s rights” to erode sex-based protections for females and enshrining “gender expression” (such as wearing make-up and shaving) as a human right.

  4. FAB Libber aka Dave the Squirrel Says:

    It is clearer than perspex that Battista just wants a ‘sex change’ so he can get transferred into a women’s prison – how else can he get his hands on female victims otherwise?

    This whole thing is so bullshit – the electrolysis, breast implants – laid on for free for males who want to pretend to be women. Actual females that want this stuff, have to pay for it themselves.

    Also, we cannot forget that in some countries, M2Ts will deliberately commit a serious crime just so they can get SRS.

    Considering the growing numbers of M2T criminals, it is about time they got their own penal facility – and keep them the fuck away from actual females.

    As for McDermott Will & Emory, how about they spent six years of pro bono work trying to get some decent compensation for the woman who was raped when she was 10? I cannot believe that transjacktivists could even write such rubbish as ‘asking for it’ or ‘misinterpreted consent’. What the fuckity fuck? These people are totally unsane.

  5. jilla Says:

    “You are not forgotten”

    Well you could have fooled me. There’s no coverage of this on any other feminist blog or site.

    Is there no politician who will stand against this trans- insanity?


    • Very good point, Jilla.

      I think most, if not all M2Ts suffer from a severe mental illness. Here is another example of that:

      http://news.ninemsn.com.au/world/752265/woman-guilty-in-over-exercising-death

      • fmnst Says:

        WOJ, thanks for posting that link! I heard about that case in the news, and thought, gee, that sounds like a truly sick woman! Because in the version I saw, it wasn’t *reported* the “woman” was a man!

        Note that he also swiped Olivia Newton-John’s family LAST name/identity: multiple dysphorias.

        When will doctors and the public wake up that these people need PSYCHOLOGICAL, not medical, treatment that only heightens their dysphoria?

        It’s the Sexual “Reassignment” Surgery that’s the REAL cruelty, b/c it leaves the underlying psychological problem untreated, and exacerbates it.

        SRS just capitulates to the person’s obsession, instead of treating it.

        SRS just gives the addict what he wants.


  6. […] whilst incarcerated. In the US, this will have greater effect due to their health system – incarceration giving the M2Ts access to SRS that they would otherwise have to pay for. Some M2T criminals go down the supposed GID route in order to be transferred to female prisons, […]

  7. Sargasso Sea Says:

    Speechless. I started reading this EXCELLENT post yesterday morning and had to stop halfway through and wait until today to finish.

    Everything Rhino said and yeah, I wonder how many pro bono cases McDWE carry which involve women fighting for their *constitutional rights*?

  8. SheilaG Says:

    How many major lawfirms are lining up to defend the woman raped by Strauss-Kahn? How about the girl in Texas who was gang raped by 18 men and boys? Who’s lining up to represent them? How about the hundreds of women in prison raped by male prison guards? Who is speaking up for them? Major law firms, defend women!!! Born that is!!!

  9. KatieS Says:

    When I read this shit, I am left speechless. In the U.S. we have funding cuts to the poor,in the public schools, and in the prison system. Hell, we are even bailing out the banks, which are a worthier cause than this. Yet our tax dollars are going so raping con-artists can get access to more women to rape? It truly is a world gone mad.

    Indeed, Sheila, where are the law firms lining up to defend hotel maids who are raped in the course of their jobs, or young girls who are raped by gangs of men and boys?

    Before I started reading these radfem blogs, I assumed that transgenderists were just a few individuals who had some medical issues (like an XXY gene condition) that were legitimate. But now I see that this has become a cover for a bunch of deviants who are rapists and murderers. It used to be that these sociopaths would feign other mental illnesses in order to get their way. Now they have jumped on the trans train, it appears. If the trans community were smart, they would not defend these pervs, they would renounce them. They would not be trying to gain access to women-only spaces as a “right.”

    When will the real women begin to get legal representation for being endangered by these m2t rapists gaining access to women only spaces like restrooms and women’s prisons. Oh, wait! Real women don’t get those things, do they?

  10. Feuerwerferin Says:

    Autogynophilia IS a perversion in males. Perversions in males ARE an UNUSUALLY enforced and eroticised form of hatred towards women (I don’t know about perversions in gay men) although there are perverted aspect in “normal” men as there are “normal” aspects in perverts. That is why trans are even more cruel towards women (and girls) than an everage straight or gay man. And they sympathize with their attitude kin (rapists, murderers etc.) and readily accept them among themselves for this very reason. Beware of the perverts!
    If a politician was to actually confront them she would have to have A LOT OF support and courage. If someone was really that brave we should demonstrate and do what not to support her.

  11. HarryFromMA Says:

    Well, what do you expect from a highly corrupted politically one-sided state. like Massachusetts. We overwhelmingly elect the same party (Democrat), and the same people in the same party almost all the time- all but 1 US Congress member is a Democrat, and the governor is still a soft-on-criminals ‘Eval’ Patrick. They appoint soft liberals as judges, get manipulated and bought into PCism, and the pressure smear tactics of the GBLTQ Left, especially the TransLeft forces, and so we get this absolutely insane verdict. Wake up, and break out of the mold of voting for liberals. By and large they are the ones who have given us this and the same kind of insanity nationwide.
    It’s empty to complain about it, and then vote for those who will agree with it.

    • joy Says:

      Oh hooray, another weirdy mistaking radical feminists for social conservatives.

      • fmnst Says:

        Thank you, Joy.

        I had to blink while reading his post. The opposite of challenging transgender is NOT to vote Republican!

        It’s to push liberals to question liberalism, in order to become TRULY progressive.

        A liberal is someone who can question conservative ideology.

        A progressive is someone who can also question LIBERAL ideology, and therefore, keeps PROGRESSING forward! Not reverting backward!

    • Paul Says:

      Please ignore HarryFromMA. He’s just a retarded wingnut who goes everywhere sperging crap spoonfed to him by conservatives.


  12. […] surgery can total up to 100K. This is beyond incredible! Law-abiding people pay for murderers, pedophiles and rapists to feel “comfortable” in their own skin. We are a nation of lap […]

  13. GallusMag Says:

    Federal judge rules state must provide sex reassignment surgery for Michelle Kosilek, who was convicted as a man of murdering his wife
    09/04/2012 3:55 PM

    By Milton J. Valencia, Globe Staff

    “A federal court judge has ordered state officials to provide a sex-reassignment surgery for a transsexual prison inmate, convicted of murdering his wife, after finding that the treatment is the only adequate care for his serious mental illness, gender identity disorder.

    Michelle Kosilek (1993 File/AP)
    US District Court Chief Judge Mark Wolf also noted that the treatment for Michelle Kosilek had been prescribed by Department of Correction doctors, and that the only justifications for denying the treatment were based on public opinion.

    “This fact that sex reassignment surgery is for some people medically necessary has recently become more widely recognized,” Wolf wrote in a landmark, 129-page ruling issued today.

    Kosilek strangled his wife, Cheryl, in Mansfield in 1990 and dumped her body in a car at the Emerald Square Mall at North Attleborough. Kosilek then fled to New York State before being arrested.

    Kosilek was convicted of first degree-murder in January 1993 and is serving life imprisonment without the possibility of parole.

    Kosilek legally changed her name to Michelle in 1993 and has been living as a woman in an all-male prison in Norfolk.

    Kosilek first sued the Department of Correction in 2000, arguing that its refusal to pay for a sex-change violates her Eighth Amendment right against cruel and unusual punishment. The department has consistently opposed Kosilek’s request.

    Today, Wolf ruled that the department has violated the Eighth Amendment.

    He wrote that prison officials were being “deliberately indifferent” to Kosilek’s medical needs and violating her Eight Amendment rights against cruel punishment, noting that prison doctors recommended the surgery as the only treatment for a serious medical issue.

    “Denying adequate medical care because of a fear of controversy or criticism from politicians, the press, and the public serves no legitimate penological purpose,” Wolf wrote. “It is precisely the type of conduct the Eight Amendment prohibits.”

    Wolf also concluded that if he does not explicitly order the DOC to provide the surgery, leaders of the DOC will never do it on their own.

    “The DOC, through several commissioners, has continued, without proper justification, to refuse to discharge its constitutional duty to provide Kosilek the adequate care required for his serious condition,’’ Wolf wrote. “It is evident that the defendant will continue to violate Kosileks’ Eight Amendment rights if a court order is not issued.”

    Department of Correction spokeswoman Diane Wiffin said the state agency has received Wolf’s ruling.

    “We are reviewing the decision and exploring our appellate options,’’ Wiffin said today.

    Joseph L. Sulman, an attorney who worked the case for Kosilek for free, said Tuesday that he welcomed the ruling, and that he anticipates the department will “promptly arrange for Michelle Kosilek to receive her treatment.”

    “The law has always been in our favor, and we thought once the law was applied to the facts, the judge really only could reach one conclusion,” Sulman said.

    He also said that Wolf clearly found, as other Massachusetts judges have in the years since Kosilek first brought his case, that the claim that the surgery would create security concerns was really a cloak to deny the surgery for gender identity disorder.

    “It’s a cover for the real reason, that they don’t want to provide treatment for this condition,” he said.”

    • michelle Says:

      Whatever happened to ‘don’t do the crime if you can’t do the time.’

      I can only hope the State appeals this asinine decision to the Circuit Court. I don’t see this as an Eighth Amendment issue. There are no Constitutional implications where someone waits until they get to prison to claim they are twans…this is not the same sort of scenario as where someone was at least allegedly under a medical provider’s care prior to entering custody and where continuity of care provisions come into play (questionable as they may be).

      Sadly one of the ‘name’ surgeons from the surrounding States would probably volunteer their services as a surgeon so they can media-whore themselves…

  14. anon Says:

    file photo is 1993; that’s a long time to get along with a “potentially fatal” condition that could result in death at any-freaking-time without surgery!

      • anon Says:

        People with kidney failure are wimps! All these people waiting until the kids graduate and leave home in order to transition are true american heroes! They’re like Seal Team 11billion!

        If this is a precedent that SRS is necessary to obviate suicide, what are the repercussions for the 99% of FTMs who don’t get genital surgery? Is it proof they’re not “fixed” and could still go and off themselves at any given moment? Why would anyone hire them for a job if they’re *unwilling* to fully treat their illness just because the results are “flawed”?

        A friend joked about the ruling being “transphobic.” Of course, everything is! But seriously — how is this not?

        Also, kids are so funny:

        http://en.wikipedia.org/wiki/Talk:Robert_Kosilek

        The style guides are gods, we shall not question!


  15. […] hours to representing his interest in medically acquiring superficial female sex characteristics. Last year he won his case which created precedence for the rights of male predators to access feminizing medical treatments funded by taxpayers while serving […]


  16. […] hours to representing his interest in medically acquiring superficial female sex characteristics. Last year he won his case which created precedence for the rights of male predators to access feminizing medical treatments funded by taxpayers while serving […]


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